Reviewed by Carrie Warner, Attorney at Law, SC Bar No. 72836 · Last reviewed November 2, 2026
Divorces that belong in Barnwell County are filed in the Family Court for Barnwell County, in the city of Barnwell, the county seat. Barnwell County is part of the Second Judicial Circuit with Aiken and Bamberg counties. This page covers when your case belongs here and how filing works; our South Carolina Divorce Guide covers the statewide rules.
When Your Divorce Belongs in Barnwell County
Venue means which county’s family court hears the case. Under S.C. Code § 20-3-60, you file where the defendant (the spouse being sued) lives. If the defendant lives outside South Carolina or cannot be found, you file where you live. You may instead file where you last lived together as spouses, unless you live outside South Carolina, in which case you must file in the defendant’s county. Some Barnwell County examples:
- Your spouse lives in Williston, Blackville or the city of Barnwell. Barnwell County is a proper venue because it is your spouse’s home county.
- Your spouse moved to Aiken County after you separated. You can generally file in Aiken County, where your spouse lives, or in Barnwell County if that is where you last lived together and you still live in South Carolina. Both counties are in the Second Circuit.
- Your spouse moved to another state. You can file where you live, which would be Barnwell County if you live here and meet the residency rule.
- You live outside South Carolina now. You must file in the county where your spouse lives.
Residency, Grounds and Waiting Periods
Residency. Under S.C. Code § 20-3-30, the filing spouse must have lived in South Carolina for one year, or three months if both spouses live in South Carolina when the case is filed. If you are the one who moved away, you can still file in South Carolina when your spouse has lived here for at least one year. See South Carolina residency requirements.
Grounds. S.C. Code § 20-3-10 allows five grounds: adultery, desertion for one year, physical cruelty, habitual drunkenness (including from narcotic drug use), and living separate and apart for one year. Our overview of fault and no-fault grounds explains how each is proven. Judges generally expect the grounds to be backed up by a witness or other evidence besides the spouses.
Waiting periods. Under S.C. Code § 20-3-80, a divorce on adultery, physical cruelty or habitual drunkenness cannot be final until three months after filing. One-year-separation and desertion cases can go to a final hearing once the defendant answers or is in default. See our waiting period guide.
Filing at the Barnwell County Clerk of Court
Divorce papers in Barnwell County are filed with the Clerk of Court. Our guide on how to file for divorce in South Carolina walks through each document. The usual opening papers are:
- A summons, telling your spouse a case has been filed and how long they have to respond.
- A complaint, stating the grounds, the residency and venue facts, and what you are asking the court to decide (custody, support, alimony, property and debts, or a former name).
- A financial declaration (form SCCA 430), due by the first hearing or within 45 days of service, whichever comes first.
- Any cover sheet or intake form the clerk requires.
The family court filing fee for a divorce complaint is currently $150 statewide, per the SC Judicial Branch fee schedule; confirm it with the Barnwell County Clerk of Court. If you cannot afford it, you can ask the court for permission to proceed without paying (a motion to proceed in forma pauperis).
The SC Judicial Branch lists the Barnwell County Courthouse at 141 Main Street, Barnwell, SC 29812. Call the Clerk of Court to confirm hours and intake steps before you go; contact details are on the county’s SC Judicial Branch courthouse page.
After filing, your spouse must be formally served under SCRCP Rule 4, for example by the sheriff, an adult who is not a party, certified mail with restricted delivery, or a signed acceptance of service.
After Filing: Answers, Mediation and Temporary Hearings
A contested Barnwell County case generally follows these stages after service:
- Answer. Your spouse has 30 days after service to answer and may add a counterclaim.
- Temporary relief, if needed. Either spouse can ask for a temporary hearing on custody, support or use of the home. Under Family Court Rule 21, these are generally decided on affidavits and financial declarations, not live testimony.
- Mediation. Mediation is required in most contested cases in every county under ADR Rule 3, with exceptions such as temporary relief and some domestic violence situations.
- Discovery and settlement. Spouses exchange financial information and often reach a written agreement.
- Final hearing. The judge hears the grounds and corroboration, reviews any agreement, and issues a decree.
Barnwell County Context
Barnwell County had 20,589 residents at the 2020 Census. Part of the Savannah River Site, a U.S. Department of Energy facility, lies within the county, and the site also extends into Aiken and Allendale counties.
Where a spouse works does not decide venue, but it can affect what is being divided. Employer pensions and retirement plans often need a separate court order to divide, and different plans have different rules. Our page on retirement division in a South Carolina divorce explains the basics.
Getting Help With a Barnwell County Case
Warner Law’s office is in Columbia. If your case is in Barnwell County, contact us to ask whether we can help. If retirement benefits or a pension are part of your case, mention that when you reach out.
Frequently Asked Questions
My spouse and I last lived together in Blackville, but my spouse moved to Aiken. Where do I file?
You can generally file in Aiken County, where your spouse lives, or in Barnwell County, where you last lived together, as long as you live in South Carolina.
Where is the Barnwell County courthouse?
The SC Judicial Branch lists the Barnwell County Courthouse at 141 Main Street in Barnwell. Call the Clerk of Court to confirm filing procedures.
Can a pension be divided in a Barnwell County divorce?
Retirement benefits earned during the marriage can be marital property. Many plans require a separate court order to divide them, so the details depend on the plan.
How long does a contested divorce take?
There is no fixed timeline. It depends on the ground, whether temporary relief is needed, mediation, discovery and the court’s schedule.
Can I ask the court to waive the filing fee?
Yes. If you cannot afford the $150 filing fee, you can ask the court for permission to proceed without paying it.
Sources
- S.C. Code Title 20, Chapter 3 (Divorce), including §§ 20-3-10, 20-3-30, 20-3-60 and 20-3-80
- SC Judicial Branch: Barnwell County courthouse page
- SC Judicial Branch: Family Court filing fees
- SC Judicial Branch: Court Rules (SCRCP, Family Court Rules, ADR Rules)
- SC Judicial Branch: Simple divorce self-help packets
Talk to Warner Law about your situation. If your case is in Barnwell County, contact us to ask whether we can help. Warner Law’s office is at 1405 Calhoun Street in Columbia. Call (803) 692-1072 or request a consultation.
This article is general information about South Carolina law, not legal advice for your case. Reading it does not create an attorney-client relationship. Every case is different, and past results do not guarantee a similar outcome.
